NCDRC

NCDRC

RP/4349/2009

SHAKUNTALA DEVI & ANR. - Complainant(s)

Versus

MAHINDRA & MAHINDRA & ORS. - Opp.Party(s)

MR. ARVIND MISHRA & AMITABH KRISHN

16 Dec 2009

ORDER

Date of Filing: 24 Nov 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4349/2009
(Against the Order dated 28/05/2009 in Appeal No. 546/2005 of the State Commission Bihar)
1. SHAKUNTALA DEVI & ANR.W/o Shri Ram Naresh Singh, Both R/O Village Khutha, P.S. Barahiya, Distt. Lakhisarai,Bihar ...........Appellant(s)

Vs.
1. MAHINDRA & MAHINDRA & ORS.Farm Equipment Sector Aalebariti Road, Kandiwali East,Mumbai-4001012. Mahindra & Mahindra Limited,Farm Equipment Sector, 126 A, Patliputra colony AT & P.O. PatnaPatna3. R. Lal & Company,3, Madhu Kunj Quarter Road, Bistupur,Jamshedpur-8310014. M/S Vikramsila Automobiles Service Centre,Kachchari Road, Lakhisarai,Bihar ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. ARVIND MISHRA & AMITABH KRISHN
For the Respondent :NEMO

Dated : 16 Dec 2009
ORDER

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We agree with the view taken by the State Commission that there was no manufacturing defect in the tractor.  Finding recorded by the State Commission is a finding of fact, which cannot be interfered with in exercise of revisional jurisdiction.  Under Section 21 of the Consumer Protection Act, 1986, the National Commission, in revision, can interfere with the orders only if it appears that the Authority below has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction so vested or has acted in the exercise of its jurisdiction illegally or with material irregularity.

          We find no error/irregularity in the exercise of jurisdiction by the State Commission in its impugned order.  Dismissed.

 



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER